Marek v. Holey
Supreme Court of Minnesota
Action in the district court for Le Sueur county to recover possession of a certain strip of land and $100 damages for its retention.
Read the full summary
Action in the district court for Le Sueur county to recover possession of a certain strip of land and $100 damages for its retention. The complaint alleged that in June, 1888, all the owners of the lands located in the section'mentioned in the opinion united in having the-same surveyed and the boundaries of each tract established; that by sucb survey the east boundary line of government lot 2 was duly established and agreed to by Joseph Marek, the owner of that lot,, and the owners of the land lying directly east thereof; that immediately after the completion of the survey be took possession…
1Opinion of the CourtStart, C. J.
This action was brought in the district court of the county of LeSueur to recover possession of a strip of land, varying in width from thirteen to twenty-three feet, in section 25, town 111, range 24, which is particularly described in the complaint herein. It is undisputed that the defendant owns the land adjoining the strip in controversy on the east, and that the plaintiff owns the land adjoining-it on the west.
On the trial of the ease there was evidence on the part of the-plaintiff tending to show that in 1888 a survey was made of the line between the tracts of land respectively adjacent…
2Cited by3 opinions
- Fredericksen v. HenkeSupreme Court of Minnesota · 1926
- Kelley v. GreenSupreme Court of Minnesota · 1919
- Chippewa County State Bank v. HaubrisSupreme Court of Minnesota · 1913